HOUSE BILL NO. 5233

A bill to require certain employers to provide paid military leave for certain members of those employers; and to provide certain conditions for the use of paid military leave.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "military leave for first responders act".

Sec. 3. As used in this act:

(a) "Employer" means either of the following:

(i) An organized fire department.

(ii) A law enforcement agency.

(b) "Law enforcement agency" includes all of the following:

(i) The department of state police.

(ii) The county sheriff's office.

(iii) The police department of a local unit of government.

(c) "Member" means a member of an organized fire department or law enforcement agency.

(d) "Military leave" means time off from work for the purpose of doing either of the following as it relates to service in the reserve components of the United States Armed Forces:

(i) Performance of duty, including, but not limited to, a qualified member's compliance with any order to report for any reason or to deploy.

(ii) Training.

(e) "Organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

(f) "Qualified member" means a member who is enlisted in the reserve components of the United States Armed Forces.

(g) "Reserve components of the United States Armed Forces" means all of the following:

(i) The Army National Guard of the United States.

(ii) The Army, Navy, Marine Corps, Air Force, and Coast Guard reserves.

(iii) The Air National Guard of the United States.

(h) "Year" means a calendar year or a portion of a calendar year.

Sec. 5. (1) At the beginning of each year, an employer shall provide each qualified member of the employer with not less than 26 days of paid military leave.

(2) An employer shall provide a qualified member or member described in section 7(4) using paid military leave both of the following:

(a) Wages at a pay rate that is equal to the member's regular pay rate.

(b) If the member is a member of a bargaining unit covered by a collective bargaining agreement to which the employer is a signatory, all contractually required fringe benefits and accruals normally provided in the course of the member's employment.

Sec. 7. (1) If a qualified member requests to use paid military leave, the qualified member must provide to the qualified member's employer a copy of the military orders that require the member to be absent from work.

(2) If a qualified member needs to use military leave for 10 or more consecutive days, but less than 20 consecutive days, the member shall make a request to the qualified member's employer for the leave not less than 14 days before the date the leave begins.

(3) If a qualified member needs to use military leave for 20 or more consecutive days, the member shall make a request to the qualified member's employer for the leave as many days before the date the leave begins as is reasonably possible.

(4) If a member is not a qualified member, but receives an order for a preinduction physical examination to enlist in the reserve components of the United States Armed Forces, the member's employer shall provide paid military leave to the member so the member can attend the examination. A member described in this subsection shall provide to the member's employer a copy of the orders to attend the preinduction examination.

(5) A qualified member may, but is not required to, use any annual leave the qualified member has for an absence due to military service.

(6) This act does not diminish or otherwise reduce wages or fringe benefits available to a member using military leave who is covered by a collective bargaining agreement between the member's bargaining representative and an employer. Benefits provided under this act are intended to establish the minimum required benefit level to be provided a qualified member using military leave.

Sec. 9. (1) If an employer or a bargaining unit that represents a member is a party to a collective bargaining agreement that meets both of the following conditions, this act applies to the parties to the agreement beginning on the expiration date stated in the agreement or the effective date of a new collective bargaining agreement entered into between the parties, whichever is earlier:

(a) The agreement is in effect on the effective date of this act.

(b) The agreement conflicts with this act.

(2) An employer shall not require a member to waive or limit a right granted under this act. An agreement to waive a right under this act is void and unenforceable.